Veterinary Surgeons Act 1987
45Procedure at inquiries
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45 Procedure at inquiries
(1) The Board may, by notice in writing served on any person, summon that person to give evidence at any inquiry held under this Part or to produce documents or records in his possession or under his control at the inquiry.
(2) Any person who, without reasonable excuse, fails to comply with a summons served on him under subsection (1) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 5 penalty units.
(3) For the purposes of hearing and determining an inquiry before it, the Board may take evidence on oath or affirmation and, for those purposes, the chairman of the Board may administer an oath or affirmation.
(4) Any person who, without reasonable excuse, refuses to answer any questions put to him by the Board in the course of an inquiry held under this Part is guilty of an offence and is liable on summary conviction to a penalty not exceeding 5 penalty units.
(5) The Board may join any person as a party to proceedings in an inquiry held by the Board.
(6) A party to proceedings in an inquiry held by the Board is, at that inquiry, entitled to tender evidence to the Board and to examine any other person who tenders evidence in that inquiry.
(7) [Section 45 Subsection (7) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] A party to proceedings in an inquiry held by the Board is entitled to be represented by an Australian legal practitioner or by any other advocate or agent.
(8) A party to proceedings in an inquiry before the Board is entitled to summon, at his own expense, any witness provided that the summoning of such a witness shall not, in the opinion of the Board, cause an unreasonable delay in those proceedings.
(9) In an inquiry held by the Board –
(a) the procedure of the Board is, subject to this Part, within the discretion of the Board;
(b) the Board shall observe the rules of natural justice;
(c) the proceedings shall be conducted with as little formality and technicality, and with as much expedition, as a proper consideration of the matter before the Board permits;